Hillsboro Long Term Disability Attorneys
If you suffered an injury that has caused you to become disabled, you may be eligible to pursue a claim for long-term disability benefits. To find out whether you have a qualifying injury, we encourage you to take advantage of the free legal consultation we offer. There is no obligation to hire our firm after this meeting, but we can help you understand what legal options may be available to you.
At Rizk Law, we have been helping injured victims throughout Hillsboro and other cities throughout the Portland metro area since 2001. We have recovered millions in compensation on behalf of our clients. Our firm’s founder, Richard Rizk, is also a former defense and coverage lawyer with firsthand knowledge of the way insurance companies operate, including why they may deny your claim.
In your free consultation, you can get answers to your questions about the long-term disability (LTD) claims process and whether you may have grounds to file a claim. If you have a valid case and we represent you, there is nothing to pay for our services unless we first obtain benefits on your behalf.
Call Rizk Law 24/7 for legal help today: 503.245.5677
Am I Eligible to File A Long-Term Disability Claim?
This is a question that you can ask in your free claim review with one of our licensed attorneys. To provide an accurate response, we need to first fully understand your situation, including certain contributing factors which may impact the outcome of your potential claim. These factors include details about your insurance policy and whether you have a qualifying medical condition.
Your situation is unique, which is why we recommend that you speak with one of our attorneys as soon as possible. However, a qualifying disability is typically one that prevents you from being able to work, such as:
- Chronic fatigue syndrome
- Crohn’s disease
- Irritable bowel syndrome (IBS)
- Heart disease
- Parkinson’s disease
- Multiple sclerosis (MS)
- Rheumatoid arthritis (RA)
- Lyme’s disease
- Bipolar disorder
- Severe depression
- Post-traumatic stress disorder (PTSD)
- Serious back issues
- Spinal cord injuries
- Traumatic brain injuries (TBIs)
- Various forms of cancer
After developing a qualifying disability, claimants may still have to wait anywhere from three to six months to receive benefits, depending on the terms of their LTD policy.
It is important to point out that if your disability is the result of a work-related accident, you will not be able to file a claim on your long-term disability insurance policy. An injury that happens in the scope of performing your job duties is likely covered by your employer’s workers’ compensation insurance policy.
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What Benefits Are Provided by My LTD Policy?
If you have a qualifying medical condition, you may be eligible to receive partial or full income replacement. Additional benefits, such as rehabilitation assistance, may also be provided to help you get back to work.
Typically, compensation for long-term disability may begin following the expiration of your short-term disability benefits. However, carefully review the terms of any policy before you buy it, and make sure that you understand what benefits are included. Ask your insurance provider about any area of your policy that seems unclear.
Our Hillsboro long term disability attorneys are prepared to review the terms of your policy and other contributing factors to determine whether you may qualify for benefits.
Long-Term Disability Policies Often Have Exclusions
If you have a preexisting condition that is listed as an exclusion in your policy, your claim will likely be denied. However, it may depend on when that preexisting condition occurred. Typically, if you were treated between 90 and 180 days prior to filing a claim, you may not be covered for benefits under your policy.
There are other medical conditions that may also be listed as an exclusion under your policy. It is important to read and understand what these exclusions are, as all policies may not be the same. Sometimes the wording of a policy is purposely vague and confusing. This is another reason to have a knowledgeable attorney provide a legal opinion about your potential eligibility for benefits in a free case review.
Insurance companies are careful to write policies to their benefit more than yours. This is something you should keep in mind when you are planning to buy insurance. Reading and understanding the “fine print” of a policy helps to make sure you get the coverage you need. When the terms of a policy are too vague, it leaves the insurance company with a lot of wiggle room for finding a way to deny your claim.
At Rizk Law, we are very familiar with the tactics that insurance companies use. If we determine that you may have a case, we are prepared to protect your best interests and fight to get you the benefits you and your family need.
Do I Have an ERISA Claim?
This is something that you can discuss with one of our licensed attorneys at Rizk Law. Essentially, The Employee Retirement and Income Security Act, (ERISA) is a federal law that applies to most employees working in the private employment sector. However, there are several exemptions to ERISA that may apply, including:
- Benefits/policies provided by government entities
- Policies not endorsed by an employer
- Policies that are solely issued to business owners
- Benefits and policies provided by churches or other religious organizations
- A policy you may have purchased for yourself
ERISA is a broad, but complicated statute that determines many aspects of the benefits claims process, including the timeline for filing a claim, how it is processed, and your rights if your claim gets denied. That is why we recommend having our experienced attorneys review all the factors that may impact your unique claim to determine whether ERISA may apply.
If your long-term disability policy is exempt from ERISA, you can pursue punitive damages and you have more options for appealing a denied claim.
Do I Have Any Options If My Claim Is Denied by My Insurance Provider?
If your claim for benefits is denied, it is important that you get a second opinion from a reputable attorney and that you do it quickly. You may only have a limited window to appeal your insurer’s decision, so it is important that you do not delay. Many people just give up when they receive a denial, which is exactly what the insurance company is hoping you will do. However, getting denied initially is common, and since there is no risk and no cost to have one of our attorneys review your potential case, it is worth it to find out if you qualify for an appeal.
To prepare for meeting with one of our LTD claims attorneys, we recommend the following steps:
- Request a full copy of your plan’s documentation from your insurance company. Do it in writing, send it by certified mail and request a return receipt as proof.
- Review the denial notice you received from your insurance provider to see if they gave you an explanation for why you were denied. If none is given, you are within your rights to request an explanation from your insurer.
- Be sure to follow all your doctor’s orders fully. If you do not your insurance claim may be denied. Additionally, keep a written and organized record of your injury and how it progresses, how it affects your daily life, copies of your bills, prescriptions, and other information that may support your argument for benefits.
- Seek legal help from an attorney as early as possible. This may be one of the most important steps in pursuing benefits for your disability. The claims process takes time, and it is important to have someone on your side who not only understands the law but can guide you throughout the legal process while fighting to protect your rights and best interests.
Contact Our Hillsboro Long Term Disability Lawyers Today
It is not uncommon for a claimant with a qualifying medical condition to be denied by his or her insurance company, which is why having an experienced attorney on your side can be beneficial.
At Rizk Law, we are prepared to review your claim and determine whether the denial is valid or if we may be able to help you appeal the denial. We can review the circumstances of your claim, at zero cost to you, to determine your legal options. However, it is important that you do not delay if you intend to pursue a claim or appeal a denial.
There is no risk to you since we handle LTD cases on contingency. We are prepared to protect your best interests throughout your potential claim, and we do not receive our fees unless you get your benefits.
Call our firm to arrange for your free long-term disability claim review today, or at your earliest convenience.
Rizk Law. Legal help for your Hillsboro LTD claim. Phone: 503.245.5677